California | Disability Law
Legal Question
Fired while disabled
I recently injured my knee on the job. I fell down three stairs and had 3 people witness this fall. My boss knew about it the injury because I told her, but I was afraid to fill out a claim form at the time. I am having my 3rd knee surgery and my dr. just put me out on disability because I can no longer walk or take care of myself, let alone many other tasks that I can not perform. My employer fired me a week after I faxed them my dr's note. I am in severe pain and am awaiting surgery currently. I have only been with the employer for 6 months so I do not qualify for FMLA. They wrote me a letter specifically stating they fired me for my knee injury. I filed a wc claim after my termination. Do I have a strong case, if any? Is a short leave a form of reasonable accomodation for my surgery(8 weeks)?


